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Construction
Negligence
Failure to Repair

Bent Manufacturing Company v. Al Shankle Construction Company

Published: Mar. 6, 1999 | Result Date: Dec. 18, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 80Y1100006398 Arbitration –  $989,742

Arbitrator

Harold Coleman Jr.

Court

American Arbitration Association


Attorneys

Plaintiff

Thomas S. Kidde
(Lewis, Brisbois, Bisgaard & Smith LLP)


Defendant

Paige Rubinfeld


Experts

Plaintiff

Irving Amrofell
(technical)

Robert R. Powell
(Powell & Associates) (technical)

Defendant

John Massey
(technical)

Hal Woody
(technical)

Facts

Beginning in 1993, Bent Manufacturing Company experienced leaks from roof constructed under the direction Al Shankle Construction. Limited repairs performed by subcontractors failed to fully repair leaks. Pursuant to binding arbitration, it was determined that the entire roofing membrane was deficient and causing the leaks, and the use of foil insulation had caused the metal hangers to corrode and OSB to swell.

Settlement Discussions

The plaintiff made a C.C.P. º998 offer of compromise for $___________. The defendant made a C.C.P. º998 offer of compromise for $______________.

Damages

Damage to entire panelized roof system arising from defective roofing membrane and use of foil insulation, which caused corrosion to metal fasteners.

Other Information

The award was reached apppoximately nine months after the case was filed. A 3-day arbitration was held before Harold Coleman, Jr., of American Arbitration Association resulting in an award to plaintiff.


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